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VIKRAM NATH, SANDEEP MEHTA
Ariz Hasnain @ Ariz Hasnain – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. procedural history of uapa custody extensions without notice (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 2. parties contest extension validity and default bail right (Para 16 , 17 , 18 , 19 , 20) |
| 3. court verifies absence of accused notice and hearing (Para 21 , 22 , 23 , 24 , 25) |
| 4. jigar mandates accused production for investigation extension (Para 26) |
| 5. mechanical orders lack application of mind and reasons (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 6. illegal extensions confer indefeasible default bail right (Para 34 , 35 , 36) |
| 7. orders quashed; default bail under section 167(2) crpc (Para 37 , 38 , 39 , 40) |
ORDER :
Sandeep Mehta, J.
1. Heard.
2. Leave granted.
3. This appeal arises from the order dated 21st February, 2025 passed by the learned Single Judge of the High Court of Jharkhand at Ranchi1[Hereinafter, referred to as “High Court”.] in Criminal M.P. No. 742 of 2024, whereby the petition preferred by the appellant, challenging the order dated 2nd February, 2024 rendered by the learned AJC XVIII cum Special Judge, ATS, Ranchi2[Hereinafter, referred to as “Special Judge” or “trial Court”.], extending the time period for submission of charg
Default bail – Any direction to extend period for filing of charge-sheet encroaches upon personal liberty of an individual arrested in connection with a cognizable offence and any such direction must....
Extension of time for filing chargesheet must be based on valid grounds; if the investigation is complete, the right to default bail accrues.
Default bail – While considering application by Investigating Agency for extension of time for completing investigation beyond period prescribed under Section 167(2) of Cr.P.C. accused is to be given....
The court reaffirmed that an accused’s right to default bail is contingent on proper legal procedures being followed; improper extensions can revive these rights until the formal charge-sheet is file....
The right to default bail under Section 167(2) accrues upon non-filing of the charge-sheet within the stipulated time, and cannot be extinguished by subsequent extensions or filings.
(1) Default bail – Indefeasible right to default bail is an integral part of right to personal liberty under Article 21 and said right cannot be suspended even during pandemic situation.(2) Default b....
Article 21 demands a fair and reasonable procedure before curbing liberty of a person.
In cases involving UAPA, a valid extension of investigation period negates the right to default bail, contingent on statutory compliance.
The main legal point established is that the extension of the investigation period without notifying the accused violates the principles of natural justice, and the accused is entitled to default bai....
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